ABSTRACT

This chapter focuses on the practical problem and highlights the historical role reversal, where law and technology are used as vehicles with the wrong drivers as a result of the role reversal. It discusses the irony inherent within the Information Revolution publications. Even though they promise choice and control to patients, they do not consider repositioning the control of information by individuals as an enabler. The chapter suggests that although the privacy framework per se is fit for purpose, the way in which information is governed renders it unfit for purpose. It illustrates that the legal and policy framework to enable this choice and control in a practical sense is fit for purpose. The chapter outlines the technical information governance controls designed for individuals, which are being exercised by the National Health Service (NHS) through technology in systems that contain patient information, and discusses the laws and policy direction that underpin the information governance controls.